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either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the service , or to enforce intellectual property rights -lrb- e.g. , copyright , trademark , trade secret , or patent rights -rrb- without first engaging in our informal dispute resolution process or arbitration .
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18.10 avc/h .264 notice : if the software is used to make video calls -lrb- i -rrb- between a personal computer and a device that is not a personal computer or -lrb- ii -rrb- between devices that are not personal computers , the avc/h .264 codec may be used to facilitate video functionality in which case the following notice applies : the avc video functionality in this product is licensed under the avc patent portfolio license for the personal and non-commercial use of a consumer to -lrb- i -rrb- encode video in compliance with the avc standard -lrb- `` avc video '' -rrb- and/or -lrb- ii -rrb- decode avc video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide avc video .
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we can not be held responsible for any injury or harm to you resulting from objectionable user-generated content or another athlete 's failure to comply with our community guidelines .
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introduction ; your agreement to these terms of service .
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if you are contracting as a consumer , nothing in this clause will affect your statutory rights as such .
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ubisoft reserves the right to store personal data relating to your profile for a reasonable period of time .
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comfort breaks short halts may be made on some routes for refreshments or other reasons .
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microsoft is not responsible for any decision you make based on information you receive from microsoft .
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questions on mozilla authored content can be sent to : licensing@mozilla.org .
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you agree to defend , indemnify , and hold harmless bytedance , its parents , subsidiaries , and affiliates , and each of their respective officers , directors , employees , agents and advisors from any and all claims , liabilities , costs , and expenses , including , but not limited to , attorneys ' fees and expenses , arising out of a breach by you or any user of your account of these terms or arising out of a breach of your obligations , representation and warranties under these terms .
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because the law may or may not recognize certain intellectual property rights in any particular content , you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation .
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as also noted above , the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses , the member incentive and/or the attorney incentive at any time during the consolidated arbitration and/or upon request by you and/or the company made within 14 days of the arbitrator 's ruling on the merits of said arbitration .
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ea may terminate your access and use of any ea services or your ea account if ea determines that you have violated this agreement or that there has been otherwise unlawful , improper or fraudulent use of ea services associated with your ea account .
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use of the app and site and rules relating to content
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you agree that yahoo shall not be liable to you or to any third party for any modification , suspension or discontinuance of the yahoo services -lrb- or any part thereof -rrb- .
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that 's what imgur is all about .
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garmin is not legally responsible for any user submissions , even if a user submission is defamatory or otherwise legally actionable .
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to restrict access to your user videos and/or broadcast content , you should select the privacy setting available within the apps .
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any claim or complaint against booking.com or in respect of the service must be promptly submitted , but in any event within 30 days after the scheduled day of consummation of the product or service -lrb- e.g. check out date -rrb- .
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any information provided is subject to modification in accordance with changing regulations or health risks at the time of departure .
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if after such notice you fail to take the steps we ask of you , we 'll terminate or suspend your access to the services .
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no other commercial activities are permitted on or through the service without deviantart 's written approval .
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includes anyone 's identification documents or sensitive financial information ; or
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child safety seats may not be carried on board the bus .
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when creating your account , you must provide accurate and complete information .
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the laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages , so some or all of the exclusions and limitations set forth above may not apply to you .
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comuto sa -lrb- hereinafter referred to as `` blablacar '' -rrb- has developed a carpooling platform accessible on a website at the address www.blablacar.co.uk or in the form of a mobile application , and designed to put drivers travelling to a given destination in contact with passengers going in the same direction , in order to enable them to share the trip and therefore the associated costs -lrb- hereinafter referred to as the `` platform '' -rrb- .
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access to the website currently provides users with access to the services and a rich collection of online resources , including online forums , personalised content , interactive advertising messages , proprietary software -lrb- including updates , patches and new versions -rrb- , audio , videos and other community and entertainment products .
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tinder will terminate the accounts of repeat infringers .
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the information you share contains the following data :
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no use of these marks is permitted except through the prior written authorization and permission of grindr .
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if you choose to link your microsoft xbox services account with your account on a non-microsoft service -lrb- for example , a non-microsoft game publisher of third-party apps and services -rrb- , you agree that : -lrb- a -rrb- microsoft may share limited account information -lrb- including without limitation gamertag , gamerscore , game score , game history , and friends list -rrb- , with that non-microsoft party as stated in the microsoft privacy statement , and -lrb- b -rrb- if allowed by your xbox privacy settings , the non-microsoft party may also have access to your content from in-game communications when you are signed into your account with that non-microsoft party .
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myspace does not control the third party , and can not dictate its actions .
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`` upgrade '' refers to any paid service purchased by a subscriber as an additional feature to his/her subscription .
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we may suspend or terminate your use of the products as a result of your fraud or breach of any obligation under these terms .
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you will not license , sell , or transfer your account without our prior written approval .
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you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in king county , washington , for all disputes arising out of or relating to these terms or the services that are heard in court -lrb- excluding arbitration and small claims court -rrb- .
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when you use your mobile phone we may collect additional information , including your location .
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if something in these terms is different than aaa 's rules and procedures , then we will follow these terms instead .
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notices from us will be considered delivered to you and effective when sent to the email address you provide on the site or from which you otherwise email us .
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it enables the member to access the services .
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for more information about which court we can go to for resolving these types of disputes , see section 19 -lrb- venue for legal disputes not subject to arbitration -rrb- .
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opera is not responsible for any damages you may incur as a result of your use of the services .
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the right for the member to set the guidelines for the retention , deletion and communication of his/her personal data after his/her death , in compliance article 40-1 of the french data protection act -lrb- loi informatique et libertés -rrb- .
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the vpn feature is not an end-to-end service and it does not guarantee that any transmissions of information made while using vpn will be secure .
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g. luggage -- movable objects placed in a suitable packaging taken on board by a passenger ;
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linden lab may now or in the future offer users of the service the opportunity to display , publish , distribute , transmit , broadcast , or otherwise make available on or submit through the service -lrb- collectively , `` submit '' -rrb- user content .
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last.fm makes no representations or warranties as to the completeness , accuracy , adequacy , currency or reliability of any content and will not be liable for any lack of the foregoing .
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this service may be shared with other customers .
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if an invitation was made in error or a membership request was accepted in error , the owner of the family site can remove that member from the family site to revoke his or her access to it .
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to see when your account will close , click `` billing details '' on the `` your account '' page .
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in this case , the member in question is not eligible for any refunds on any portion of their subscription payment .
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you may opt out of this agreement to arbitrate .
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feedback is considered a type of user content .
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`` content '' means the audio and visual information , documents , software , products and services contained in or made available to you in the course of using the services that is owned by onavo .
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by submitting suggestions or other feedback regarding our services to linkedin , you agree that linkedin can use and share -lrb- but does not have to -rrb- such feedback for any purpose without compensation to you .
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use the services to upload , transmit , distribute , store or otherwise make available in any way :
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we will collect the first name and e-mail address of your child -lrb- or , failing that , the e-mail address of the parent or guardian -rrb- and the e-mail address of their friend for the sole purpose of sending a single message .
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these third party services may subject you to additional or different terms and restrictions .
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-lrb- xvii -rrb- not to decline any booking based on race , color , ethnicity , national origin , religion , sexual orientation , marital status , disability , physical appearance , marital status , pregnancy , special vulnerability due to their economic situation , name , place of residence , health , political opinion , age .
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no young children and parents responsible for minors : you shall not create an account or access the service if you are under the age of 13 and shall not permit access to children under the age of 13 .
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responsibilities and acceptable use of the services
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our services are not intended for children under 13 : if you are under 13 , please wait until you turn 13 to use them .
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you 're okay with us providing notices and messages to you through our websites , apps , and contact information .
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airlines and other travel suppliers may change their prices without notice .
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our obligation to process your purchase order is subject to having received your payment in full .
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in entering into this release you expressly waive any protections -lrb- whether statutory or otherwise -rrb- that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release .
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for the avoidance of doubt , content includes :
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your moral rights over your user content will not be assigned or waived .
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avoid , bypass , remove , deactivate , impair , descramble , or otherwise circumvent any technological measure implemented by niantic or any of niantic 's providers or any other third party -lrb- including another user -rrb- to protect the services or content ;
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such copyright protected content can not be reproduced without skype 's express permission .
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the arbitrator may award the same damages to you individually as a court could .
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we are the owner or the licensee of all intellectual property rights in the websites , and in the material published on it .
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we will not incur any liability or responsibility if we choose to remove , disable or delete such access or ability to use any or all portion -lrb- s -rrb- of the services .
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-lrb- i -rrb- your inability to use the software to contact emergency services ;
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in no event shall we be liable for any damages whatsoever , whether direct , indirect , general , special , compensatory , consequential , and/or incidental , arising out of or relating to the conduct of you or anyone else in connection with the services , including , without limitation , bodily injury , emotional distress , and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the services .
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to use certain features of our services , you may be required to create a reddit account -lrb- an `` account '' -rrb- and provide us with a username , password , and certain other information about yourself as set forth in the privacy policy .
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if you decide that the item that you have purchased is in the wrong size for you , then you may be able to request a change in its size , without having to pay an additional delivery charge for the new item being sent to you , provided that you return the original item .
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-lrb- h -rrb- arbitration agreement survival .
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you will not , and will make sure that the platform application does not and you will not permit use of the platform application : -lrb- a -rrb- to violate these terms ; -lrb- b -rrb- to perform hidden activities without platform application user consent -lrb- such as downloading components or other software -rrb- ; -lrb- c -rrb- that may alter a platform application user 's system without permission from the platform application user ; -lrb- d -rrb- impersonate , or misrepresent an affiliation with , any person or entity ; -lrb- e -rrb- use in any manner not authorized by a platform application user ; except as otherwise authorized by a platform application user with respect to such platform application user 's content ; -lrb- f -rrb- mine or analyze any content transmitted to , retrieved from or stored in the platform products/the service -lrb- including , but not limited to , through spiders , robots , crawlers , data mining tools , scrapers , or other automated means , or services employing any such means -rrb- ; -lrb- g -rrb- circumvent any security measures or content filtering devices ; -lrb- h -rrb- use or affect the platform products in any manner that could damage , disable , overburden or impair the platform products -lrb- including , but not limited to , flooding the platform products with an excessive amount of data or content -rrb- ; or -lrb- i -rrb- permit use in connection with any purposes or intended application which involves risks or dangers that could lead to death , serious bodily injury , severe physical or property damage , or use for purposes that otherwise require significant safety precautions -lrb- e.g. uses of the platform products in connection with operation of emergency services , air traffic control , mass transport systems , or nuclear facilities -rrb- .
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the past , present and future content of the properties , including , without limitation , software graphics , text , images , audio , videos , designs , compilations , databases , targeting information , advertising copy , and the trademarks , logos , domain names , trade names , service marks and trade identities ; any and all copyright material -lrb- including source and object code -rrb- ; and all other materials related to the properties , including without limitation , the `` look and feel '' of the website -lrb- collectively , `` content '' -rrb- are protected by applicable copyrights , trademark rights , database rights and other proprietary -lrb- including , but not limited to , intellectual property -rrb- rights and are the property of last.fm , its parent , subsidiaries , affiliates , or its licensors .
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our communications include content such as articles , images , photographs , comments , software code , audio and video clips , and other materials -lrb- collectively , `` content '' -rrb- .
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wherever possible , the customer will be notified as soon as possible in advance and will be offered an establishment of the same or a higher category than the one originally chosen .
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the right to market , in return for payment or free of charge , and distribute -lrb- including renting out , selling and lending -rrb- all or part of the derived ugc , including modified or arranged versions , and all products incorporating the derived ugc , by any process and on any known or as yet unknown medium ; and
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you agree to indemnify , defend , and hold yelp , its parents , subsidiaries , affiliates , any related companies , suppliers , licensors and partners , and the officers , directors , employees , agents and representatives of each of them -lrb- collectively , the `` yelp entities '' -rrb- harmless , including costs , liabilities and legal fees , from any claim or demand made by any third party arising out of or relating to -lrb- i -rrb- your access to or use of the site , -lrb- ii -rrb- your violation of the terms , -lrb- iii -rrb- any products or services purchased or obtained by you in connection with the site , or -lrb- iv -rrb- the infringement by you , or any third party using your account , of any intellectual property or other right of any person or entity .
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the quora platform may include advertisements , which may be targeted to content or information on the quora platform , queries made through the quora platform , or other information , in an effort to make them relevant to you .
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if you change the country registered with your nintendo account , you must agree to the nintendo account agreement applicable for the new country .
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you will not probe , scan , or test the vulnerability of our services or any system or network .
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8.1 when you upload or post content to youtube , you grant :
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if these laws apply to you , some or all of the above disclaimers , exclusions , or limitations may not apply to you , and you might have additional rights .
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ncl grants to you a personal licence to use the nintendo intellectual property as far as this is necessary to use your nintendo account in compliance with the terms of this agreement .
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no refunds will be given by sulake .
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the one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the company in a small-claims court of competent jurisdiction .
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grindr does not verify the information provided by users with respect to users ' health , physical condition , or otherwise .
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and if you are using the apps on an ios-based device , you agree to and acknowledge the `` notice regarding apple , '' below .
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if you are an authorized user : in consideration for your agreement to this agreement and your enterprise subscriber 's payment of all applicable fees -lrb- as defined below -rrb- , grammarly grants you a personal , limited , non-exclusive , non-sublicensable , non-transferable , revocable license to access and make use of the site , the services and the software solely for the internal business purposes of your enterprise subscriber .
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to the fullest extent permissible by law , last.fm and its parents , subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever -lrb- express or implied -rrb- about : -lrb- a -rrb- the properties ; -lrb- b -rrb- the content and software on and provided through the properties ; -lrb- c -rrb- the functions made accessible on or accessed through the properties ; -lrb- d -rrb- the messages , content and information sent from or through the properties by users ; -lrb- e -rrb- any products or services offered via the website or hypertext links to third parties ; and/or -lrb- f -rrb- the treatment of any information , content , material or data transmitted by users to the properties ; -lrb- g -rrb- security associated with the transmission of sensitive information through the properties or any linked site .
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if the changes , in our sole discretion , are material , we may also notify you by sending an email to the address associated with your account -lrb- if you have chosen to provide an email address -rrb- or by otherwise providing notice through our services .
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to the extent permitted by applicable laws and regulations , the total aggregate liability of us and our affiliate companies for all claims in connection with these terms , or wechat -lrb- including any wechat software -rrb- , arising out of any circumstances , will be limited to the greater of the following amounts : -lrb- a -rrb- the amount that you have paid to us for your use of wechat or wechat software to which the claim relates in the 6 months immediately preceding the date of the most recent claim ; and -lrb- b -rrb- usd100 -lrb- one hundred us dollars -rrb- .
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if any provision of these terms of use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action , such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these terms of use .